Alameda County Superior Court issues temporary restraining order blocking Mills College from making any decisions about the school’s future
August 5, 2021
The court order sets an August 16, 2021, hearing regarding the Alumnae Trustees request to view financial data, term sheets and planning documents about the proposed merger with Northeastern University.
Oakland, California – On Thursday, August 5, 2021, the Alameda County Superior Court issued a temporary restraining order which stops Mills College from taking any action, signing any agreement, entering in any contracts, or calling for any votes relating to the college or any potential partnerships with the college including but not limited to the contemplated partnership with Northeastern University.
The court has set an August 16th hearing regarding the motion filed on behalf of Mills College Alumnae Trustees Dr. Viji Nakka-Cammauf and Tara Singh that would require the College administration to release to them financial data, term sheets, planning documents and other information about the College’s pending merger with Northeastern University. Despite being a sitting member of the Board of Trustees, Dr. Nakka-Cammauf has thus far been denied access to this information, which she needs to fulfill her fiduciary duty as a Trustee and her obligation to help chart a future for Mills that honors its 169-year legacy.
“I am thankful to the Alameda County Superior Court for its decision in this matter that hits the brakes and forces Mills College administrators to explain their lack of transparency to the Alumnae Trustees about the financial state of the College,” said Alexa Pagonas, Vice President of the Alumnae Association of Mills College Board of Governors. “Mills College boasts a 169-year legacy of empowering creative, independent women who share an unwavering commitment to activism, anti-racism and gender inclusivity that must be honored.”
On March 17, the Mills College administration announced that the College would stop enrolling new first-year undergraduate students after Fall 2021 and would stop granting degrees, most likely after 2023. However, the Board of Trustees had merely approved at its March 4 meeting at most the development of plans regarding the College’s future that would be brought back to the Trustees for further review and consideration.
Since then, Plaintiffs have been requesting information relating to the College’s financial health to ensure that Mills College’s future is charted based on an honest assessment of the College’s financial health. Without this information, the Plaintiffs cannot fulfill their fiduciary responsibilities to the College and their obligation to the students, staff, faculty, and alumnae of Mills.
“I am shocked and angry to learn that Ms. Nakka-Cammauf is not being provided with information and documents pertaining to the very future of the College,” said Thembisa Mshaka, former Vice President of the Associated Students of Mills College, in a signed declaration filed with the motion. “The Board should act with full transparency with respect to all assets, values, plans, and financials of the College, so that the most informed choices about the future of the College can be made.”
Late July, the College administration said it would allow Dr. Nakka-Cammauf the opportunity to review thousands of pages of relevant information only under the following conditions:
She would come to the meeting alone without counsel or financial analysts.
She could only review hard copies of hundreds of relevant documents containing thousands of pages; the College specifically denied her request to review electronic versions of the documents.
She could not make any copies of the information without the College’s approval.
In response, Plaintiffs petitioned the Court to require that these documents be made available to her in an accessible way, while still protecting their confidentiality.
Press Contact: Adam Sechrist, asechrist@mercuryllc.com